BATFE previously declared M855 to be “armor piercing ammunition,” but granted it an exemption as a projectile “primarily intended to be used for sporting purposes.”

Now, however, BATFE says that it will henceforth grant the “sporting purposes” exception to only two categories of projectiles:

Category I: .22 Caliber Projectiles

A .22 caliber projectile that otherwise would be classified as armor piercing ammunition under 18 U.S.C. 921(a)(17)(B) will be considered to be “primarily intended to be used for sporting purposes” under section 921(a)(17)(C) if the projectile weighs 40 grains or less AND is loaded into a rimfire cartridge.

Category II: All Other Caliber Projectiles

Except as provided in Category I (.22 caliber rimfire), projectiles that otherwise would be classified as armor piercing ammunition will be presumed to be “primarily intended to be used for sporting purposes” under section 921(a)(17)(C) if the projectile is loaded into a cartridge for which the only handgun that is readily available in the ordinary channels of commercial trade is a single shot handgun. ATF nevertheless retains the discretion to deny any application for a “sporting purposes” exemption if substantial evidence exists that the ammunition is not primarily intended for such purposes.

BATFE is accepting comments until March 16, 2015 on this indefensible attempt to disrupt ammunition for the most popular rifle in America.

This is the third letter I sent...and I urge all of you to join me in this fight !!

Thank you...

Letter follows:

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As a proud supporter of the 2nd Amendment, I write you today to OPPOSE the proposed "armor piercing" ammunition regulation as provided in the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) notice.

Specifically, I urge the BATFE to REJECT the Proposed Regulation and maintain the current exemption for M855/SS109 5.56x45mm ammunition.

The ammunition targeted by the Proposed Regulation is unquestionably one of the most popular “sporting purpose” ammunition types on the market. Moreover, the ammunition is commonly acquired, possessed, and used by millions of Americans for lawful purposes like self-defense, making the ammunition protected from an outright ban under the Second Amendment to the United States Constitution. (See, e.g., District of Columbia v. Heller, 128 S.Ct. 2783 (2008).)

BATFE must maintain the status quo and avoid infringing on the fundamental, individual rights of law-abiding people. In the alternative, the underlying categorical ban on many common ammunition cartridges will fail the legal challenge that is sure to come.

Again, I urge the BATFE to REJECT the Proposed Regulation and maintain the current exemption for M855/SS109 5.56x45mm ammunition. Thank you.

The ATF already decided—unilaterally and in violation of federal law—to ban incredibly common M855 ball ammunition in January.

On Friday February 13 at 4:00 pm, the Bureau of Alcohol Tobacco and Firearms released a proposal to ban commonly used M855 “green tip” AR-15 ammunition under the guise of law enforcement safety. The same day the proposal was released, on a Friday of a three day holiday weekend, ATF opened up a shortened 30-day period for the public to submit comments about the new regulation.

But it turns out, ATF has been working on a ban of AR-15 “green-tip” ammunition for quite some time and has already issued the ban in its new, 2015 Regulation Guide.

The Office of Management and Budget must review and approve ATF Regulation Guides, which again, come out approximately every 10 years. This can take months and changes to Regulation Guides are not easily or often made. Because of the lengthy amount of time it takes for OMB to approve a new ATF Regulation Guide, ATF’s comment period is just for show. ATF officials and the White House have (and never did) no interest in actually listening to or considering comments that are currently being submitted.

The exemption for the ammunition in question has already been stripped out of the regulation handbook moving forward and “green-tip” has been reclassified as “armor piercing.” The rules have been changed. Further, because of local rules and regulations in different states across the country having their own “armor piercing” standards based on ATF regulations, thousands of people in possession of AR-15 green tip ammunition have been turned into felons overnight.

When you’re done, I’d like to see if any of you can help me understand how a coldly calculated effort to go around the Legislative branch, grossly exceed their legal regulatory authority, violate the Administrative Records Act, and undermine the Second Amendment, isn’t the act of a rogue and tyrannical Executive Branch.

This criminal action is worthy of not just a congressional oversight investigation, but an independent counsel’s investigation of the ATF, Department of Justice, and the White House for possible violations of federal law.

In a short statement issued March 10, the Bureau of Alcohol, Tobacco, Firearms and Explosives backed away from its proposed ban on the sale and manufacture of the popular M855 round used primarily in AR-15 rifles.

The ATF proposed a new method for determining which so-called "armor-piercing" ammunition that could be fired from a pistol should be restricted, and said it had received more than 80,000 comments that were "critical of the framework."

"Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study," the ATF said in a statement. "Accordingly, ATF will not at this time seek to issue a final framework."

The original proposal which was released last month prompted a strong reaction from the shooting public, with most seeing the move as a way for the Obama Administration to regulate gun ownership through executive action after being stymied by Congress. Major news networks covered the story and the National Rifle Association lobbied hard to keep the regulation at bay.

The ATF argues that since the M855 round incorporates some steel in its construction and can be fired from an AR-style pistol, it is in violation of the 1986 Law Enforcement Officer Protection Act which bans pistol rounds that can penetrate soft body armor worn by police. Gun owners argued that all rifle ammunition is technically armor-piercing due to its velocity, and that if the ATF could ban M855, it could eventually ban all rifle ammunition.

The White House sided with the ATF, saying the M855 ban was a "common sense" solution to an emerging threat to law enforcement, but there has so far been no documented case where a police officer was threatened by M855 rounds fired from an AR pistol.

And after a major backlash in Congress, including a letter to the ATF signed by more than 250 lawmakers and a bill introduced in the House to bar the ATF from any future ammo bans, the gun regulating agency relented. "ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals and opportunities for comment) before proceeding with any framework," the ATF said.

“ATF employees are hard-working, dedicated individuals who serve the public to make our nation safer every day,” said Jones. “I have seen firsthand their extraordinary commitment to combatting violent crime, ridding the streets of criminals, and leveraging all available resources to keep our communities safe," Jones said in a statement. “I will truly miss leading and working side-by-side with these men and women in their pursuit of ATF’s unique law enforcement and regulatory mission."

Jones confirmed in a statement sent to ATF employees and agents that he will be returning to the private sector and said he never planned to stay longer than 18 months in the position. His last day at the Bureau will be March 31.

"On March 31, 2015, I will be leaving ATF and Federal government service and returning to the private sector. I am pleased to tell you that Deputy Director Tom Brandon will serve as Acting Director upon my departure.

When I came to ATF in August 2011 to serve as the Acting Director, I only expected to stay about 18 months; I was fortunate to stay more than three years, part of that as a Senate-confirmed Director. During that time, as a result of your efforts, ATF has continued – efficiently and effectively – to protect the public and make a difference in the communities it serves," Jones said.